This was a post conviction petition that was granted because trial counsel gave sketchy immigration advice.

Actually, trial counsel was quite accurate.

He told his client that a conviction for possessing pounds of cannabis with intent to deliver meant an automatic removal from the United States. But also included his opinion and prediction that the feds were not likely to follow through with her removal.

They followed through.

We have to stick to just the facts when we are advising on immigration consequences. Really, in the end, we don’t know what the feds will do with any particular case. If the code says there will be draconian results that has to be what we report.